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How is arguing in good faith defined?

| Aug 9, 2020 | Labor Law |

As a union negotiates a bargain, you may wonder what tactics help facilitate effective discussions and agreements.

Learning what constitutes a good faith effort can be a helpful tool when navigating labor laws.

Directness

According to the National Labor Relations Board, the union and the employer should engage fairly and in a straightforward manner. Although an agreement is not guaranteed, both parties should conduct themselves in a professional manner and give genuine consideration to each proposal.

You should state any needs for changes in wages or working conditions directly to the other party. You should not try to bypass the union or engage in secretive bargains.

Timeliness

Delay tactics may cause a cessation in the bargaining process. If someone refuses to meet for an extended period of time, then they may be purposefully slowing down the negotiation process in order to stop an agreement.

Dancing around a topic or refusing to discuss details can be a sign of stalling. Good faith bargaining takes into account both parties’ schedules and needs. Disclosing new relevant information, if there is any, is a necessity to build trust in the relationship.

Conditions

Making changes to a collective bargaining agreement without notifying the other party is illegal. This tactic causes purposeful confusion and is misleading when it is time to sign a final agreement.

In some situations, including a compromise clause in the document may facilitate discussions. Instead of getting stuck at an impasse, this allows both parties to obtain at least part of what they need from each other. Cooperation when signing the final agreement is also necessary. Refusing to do so after reaching a prior deal is acting in bad faith.